But he's dead, Jim. And I doubt a dead man can disagree.
Cryptic used his face in the Klingon FE because there's no need to ask dead people if you can use their (dead) faces in games.
So the issue is: it's not illegal and there's no reason to forbid that in the EULA but it's still against the EULA. I'm sure it could be clarified in a way, if the devs care about it.
No. This is not correct.
You cant just use a persons likeness just because they are dead. Likeness rights can extend to a persons family. if you use his image for your own means and his family find out they can still have it pulled.
I wonder if we can get a Dev to comment on this? Could you have say Spock or Scotty or Kirk if you had them represented by one of the stock tos starfleet npc's, since none of those were designed to copy an actors likeness?
Play more STO Foundry! (You can thank me later.)
A TIME TO SEARCH: ENTER MY FOUNDRY MISSION at the RISA SYSTEM in the SIRIUS SECTOR